Kelly Rothwell

Monday, October 17, 2011

What to Expect from A Grand Jury Indictment

If the Grand Jury last Thursday voted to indict David Perry on fraud and Grand Larceny

charges, there will be procedures that will be followed. A lot of people are asking what's next so here is some information about the procedures that will be followed:

Most people know what happens during a criminal trial, but very few understand what happens during grand jury indictment proceedings. The purpose of a grand jury is to decide whether or not to indict a suspect for the charges that the prosecution wants to bring.

Grand juries are "secret" proceedings during which witnesses can give testimony without the presence of the suspect or his defense attorney. It is more informal than a trial, and witnesses are allowed to tell "stories" or give long explanations rather than simply answering the prosecutor's questions.

First, the prosecutor will give an opening statement to the grand jury and give reasons why he or she feels there is sufficient evidence to indict. The grand jury will be given a "bill", which details the charges against the suspect, and will explain any extenuating circumstances that give him or her reason to request an indictment.

Usually, prosecutors present only the minimum amount of evidence to secure an indictment. Since the defense attorney will have access to the grand jury transcript after an indictment has been returned, the prosecutor will not want to show his or her "full hand" until a trial date has been set. In most cases, evidence presented before a grand jury consists of testimony from witnesses and, in some cases, expert witnesses.

Before the grand jury indictment proceedings begin, the prosecutor will have notified all witnesses who must appear. Witnesses who fear that they might be under investigation have the right to refuse any questions the prosecutor asks. However, most prosecutors are smart enough to call only witnesses who can truly help their cause for indictment.

Although the suspect and his or her defense attorney will not be present while the prosecutor delivers evidence, he or she can claim the right to testify in front of the grand jury. This is usually not favorable for the defense, but if they believe that the suspect can inspire sympathy from the grand jury, they may decide that it is a viable option.

The suspect will give his or her account of what happened leading up to the crime, and will give reasons why he or she should not be indicted. The defense attorney is not allowed in the grand jury during this testimony, but the suspect can leave the grand jury room at any time to request the counsel of an attorney. Once the testimony has been given, the prosecutor can cross-examine the suspect to try and refute his or her statements.

The grand jury is given as much time as they need to indict, and when they have concluded their discussion, they will return a "true bill" or a "no-bill". A true bill means that the grand jury has recommended indictment, while a no-bill means that they do not feel that there is sufficient evidence to indict. (Reprinted with credit to Steve Thompson, Associated Content/Yahoo)

In the United States, a federal indictment is written statement formally accusing a person of a crime. This is usually handed down by a grand jury after they have reviewed evidence and decided that there is sufficient to try a person for the crime. After a federal indictment, the accused person is arrested and detained, unless he can pay his set bail. He will then plead not guilty or guilty. In the case of a not guilty plea, the case will usually proceed to trial.

After a federal indictment, if an accused person has not already been detained, law enforcement officials will attempt to locate and arrest him. In many cases, an arrest warrant will be issued. This is a document officially stating that police officers can and will arrest him. When the accused has been arrested, he may then go before a judge for a bail hearing.

During the bail hearing, a judge will look at the details of the case and determine whether the accused is a serious flight risk. In cases involving particularly violent crimes or repeat offenders, the accused may be denied bail. Other times, the judge will set an amount that the accused must pay to get out of jail, known as a bail amount.

The next step after a federal indictment and bail hearing is usually a preliminary hearing known as an arraignment, or a post federal indictment arraignment. This is a short hearing in which the defendant is formally read the details concerning the crimes of which he is accused. He is then given a chance to plead guilty or not guilty.

A person may choose to plead guilty because of an overwhelming amount of evidence against him. Sometimes, federal prosecutors may also offer him a plea bargain, or plea agreement. With a plea agreement, prosecutors typically offer to charge the defendant with a lesser crime or impose a lighter sentence in exchange for him pleading guilty.

Defendants who choose to plead not guilty will typically go through a criminal trial. During this trial, prosecutors will present the evidence against the defendant, including any eyewitness and forensic evidence. A defendant's attorneys will also be allowed to state their case, presenting evidence in defense of the accused.

When both parties have presented all of their evidence, a jury will then deliberate before making a decision whether the defendant is guilty. If found guilty, a judge will then decide on a sentence. This can include stiff fines, along with incarceration. Defendants who have been found not guilty are free to leave.

1 comment:

Perry

About Me

I have been a writer /photographer for over 25 years and have worked for The Wilmington News Journal in Wilmington, Delaware, The Washington Post in D.C.(freelance), The Old Town Crier in Alexandria ,VA
(columnist and photographer) The Gabber Newspaper in Gulfport, Florida, BeachLife Magazine in St. Pete Beach and Beacon Leader Bee Newspapers as well as Patch.com and Examiner.com online.